Veterans' Affairs Legislation Amendment Act 1988

Administered by Department of Veterans' Affairs

Legislation au C2004A03727 Not in force Act

Legislation content

Veterans’ Affairs Legislation Amendment Act 1988

No. 134 of 1988

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

3. Application

PART II—AMENDMENTS OF VETERANS’ ENTITLEMENTS ACT 1986

4. Principal Act

5. Interpretation

6. Interpretation

7. Eligibility for pension

8. Claim for pension

9. Application for increase in pension

10. Repeal of section 19 and insertion of new sections:

19. Determination of claims and applications

19a. Refusal to undergo medical examination etc. may delay consideration of claim or application

11. Date of operation of grant of claim for pension

12. Date of operation of grant of application under section 15

13. Repeal of section 22 and insertion of new sections:

21a. Determination of degree of incapacity

22. General rate of pension and extreme disablement adjustment

14. Intermediate rate of pension

15. Special rate of pension

16. Increased rates of pension in certain cases

17. Treatment of certain income

18. Eligibility for carer’s service pension

19. Restrictions on dual pensions

20. Rate of veteran’s service pension

21. Veterans eligible to be provided with treatment

22. Knowingly making false statements relating to treatment

23. Clothing allowance

TABLE OF PROVISIONS—continued

Section

24. Attendant allowance

25. Recreation transport allowance

26. Insertion of new section:

132a. Advance of travelling expenses

27. Decision of Board

28. Variation of rates of certain pensions

29. Commission may administer trusts

30. Trustees for pensioners

31. Insertion of new sections:

202a. Commission or public servant acting as trustee

202b. Other person acting as trustee

32. Recovery of overpayments

33. Insertion of new section:

205aa. Recovery of overpayment by deduction from other pension, benefit or allowance

34. Insertion of new section:

205b. Certain decisions of Commission reviewable under Social Security Act etc.

35. Repeal of section 210

36. Amendments to correct references to provisions of the Social Security Act 1947 as re-numbered

PART III—AMENDMENTS OF SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940

37. Principal Act

38. Interpretation

39. Determinations and assessments by Commission

40. Insertion of new section:

17c. Eligibility for pension after re-marriage or marriage

41. Rates of pension on death or total incapacity

42. Allowance for attendant

43. Claim for pension

44. Application for increase in pension

45. Insertion of new section:

26ac. Determination of claims and applications

46. Recovery of overpayments

47. Insertion of new section:

55aa. Recovery of overpayment by deduction from other pension, benefit or allowance

48. Insertion of new section:

55d. Certain decisions of Commission reviewable under Social Security Act etc.

49. Repeal of section 58ab

50. Schedule 2—Attendant allowance

PART IV—AMENDMENTS OF…

Overview

The Veterans’ Affairs Legislation Amendment Act 1988No. 134 of 1988 was enacted to address gaps and issues within the Veterans’ Entitlements Act 1986 and the Seamen’s War Pensions and Allowances Act 1940. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. It primarily aimed to streamline and update the pension and benefit systems for veterans and their dependants, ensuring that the processes were fair, efficient, and reflective of current circumstances. The Act introduced various amendments to these principal Acts, including changes to eligibility criteria, rates of pension, and processes for determining and recovering payments.

Scope and Application

The Veterans’ Affairs Legislation Amendment Act 1988 is a Commonwealth Act that amends the Veterans' Entitlements Act 1986, Seamen's War Pensions and Allowances Act 1940, and Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986. This Act applies to veterans and their dependants who are eligible for pensions and other benefits under the mentioned Acts. It primarily affects those who have sustained war-related injuries or diseases and their families, aiming to update and refine the legislative framework governing veterans' affairs and entitlements. The Act introduces amendments to pension rates, eligibility criteria, and the process for making claims and applications. It also addresses the recovery of overpayments and the administration of trusts. The amendments apply to determinations, claims, and applications made on or after the Royal Assent date of the Act, with certain provisions having different commencement dates as specified within the Act. The Act does not explicitly state any exclusions or thresholds, but its provisions are designed to target specific aspects of veterans' entitlements, thereby indirectly excluding unrelated matters.

Key Provisions

  • The Veterans' Affairs Legislation Amendment Act 1988 introduces a series of amendments to the Veterans' Entitlements Act 1986 and the Seamen's War Pensions and Allowances Act 1940. Key provisions include adjustments to pension eligibility, claim procedures, and the determination of pension rates. For instance, Section 7 of the Veterans' Entitlements Act 1986 is amended to restrict pension payments to dependants who remarry or marry after the veteran's death, unless a decision to grant the pension was made before the remarriage or marriage. Section 14 of the same Act is amended to prohibit veterans from making multiple claims for the same injury or disease until the initial claim is finally determined. Additionally, Section 19 is repealed and replaced to clarify the process for determining claims and applications for pensions, including provisions for deferring consideration of claims where claimants refuse to undergo necessary medical examinations.
  • Obligations imposed by the Act include the requirement for the Commission to consider all relevant matters when determining a claim or application for a pension, as detailed in the new Section 19. The Act also mandates that the Commission cannot approve payment of a pension or increased pension before the individual becomes eligible, as outlined in Sections 20 and 21. Furthermore, the Act stipulates that the degree of incapacity for a veteran must be determined according to the approved Guide to the Assessment of Rates of Veterans' Pensions, as per Section 21a.
  • Breaches of the Act may result in civil or criminal consequences. For example, knowingly making false statements relating to treatment can lead to legal penalties. Additionally, Sections 205 and 55a address the recovery of overpayments, allowing for deductions from new pensions or benefits or recovery through court proceedings. These sections outline the process for determining recoverable amounts and the circumstances under which payments become unauthorised, including when decisions are set aside or varied.
  • In summary, the Veterans' Affairs Legislation Amendment Act 1988 establishes clear guidelines for pension claims and determinations, imposes specific obligations on the Commission, and sets out penalties for non-compliance, ensuring that the administration of veterans' benefits is conducted fairly and efficiently.

Legal classification tags

Area of Law
Veterans’ Affairs
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Recovery of Overpayments
Civil Penalty Provisions
Prohibited Conduct
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.